Duties of referral agents
- violation as unlawful practice
(1)Before providing a long term care referral, a referral agent shall provide the client with a disclosure. The disclosure may be made orally if the referral agent makes an audio recording of the disclosure with consent of the client and thereafter provides the client with a written disclosure. The written disclosure must be conspicuous, provided in clear language and include:
(a)A description of the long term care referral to be provided by the referral agent, including the length of any contract the referral agent has with a facility regarding placement information about the client or the subject of placement.
(b)The referral agent’s contact information, including address and phone number.
(d)A statement of whether the referral agent provides referrals only to facilities with which the agent has an existing contract.
(e)A statement of whether the referral fees for the long term care referral will be paid to the referral agent by the facility.
(2)A referral agent may not:
(a)Share a client’s placement information with or sell a client’s placement information to a facility or marketing affiliate without obtaining affirmative consent from the client for each instance of sharing or selling the information.
(b)Refer a client to a facility in which the referral agent or an immediate family member of the referral agent has an ownership interest.
(c)Contact a client who has requested in writing that the referral agent stop contacting the client.
(3)If a referral agent maintains a website, the website must contain a link to any state agency website listing complaints concerning facilities. If the referral agent does not maintain a website, the referral agent shall notify clients in writing of the state agency website addresses.
(4)If a client is referred to a facility and the referral agent has received compensation from the facility for the referral, the client may notify the referral agent in writing that the client wishes to use the services of another referral agent in the future for referral to another facility in a subsequent move. After receiving notice under this subsection, the first referral agent may not receive compensation from another facility in a subsequent move for any referral made before receiving the notice.
(5)Intentionally left blank —Ed.
(a)A referral agent must include in any contract with a facility provisions prohibiting the referral agent from collecting compensation from the facility when the facility is a subsequent facility as described in this subsection. A facility is a subsequent facility if:
(A)The subject of placement enters a facility to which the subject of placement is referred by a first referral agent, but subsequently leaves that facility; and
(B)A new referral agent refers the subject of placement to the subsequent facility.
(b)When a referral is made to a subsequent facility for a subject of placement by a new referral agent as described in paragraph (a) of this subsection, the new referral agent must present evidence to the subsequent facility that the first referral agent is not entitled to compensation.
(6)Violation of this section is an unlawful practice under ORS 646.608 (Additional unlawful business, trade practices). [2017 c.656 §2]
Section 443.376 — Duties of referral agents; violation as unlawful practice,